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Tort Law

Question: Amber Valley Primary School was closed 6 months ago by Amber Borough Council (ABC), the local education authority, which owns all the land and buildings. The school has been standing empty while ABC attempts to find a buyer for the site. Although ABC placed fencing around the site, local residents reported that youths had broken into the site on a number of occasions.

Last week a group of youths from a nearby young offenders institution, operated by Chigley Services Ltd (CS) under contract to the Home Office, broke into the disused school and set fire to it. The youths had been clearing rubbish from a neighbouring stream and were supposed to have been under the supervision of Justin and Jason, both of whom are CS employees. However, Justin and Jason had gone for a cigarette break and left the youths unsupervised at the time the break-in occurred.

The fire caused damage to neighbouring property including a baker's shop owned by Mark. It is likely to be many weeks before the business can reopen and Mark stands to lose many thousands of pounds in lost profits.

It later transpired that the fire would not have had time to spread to neighbouring property had the Fire Brigade acted more swiftly. The Amber Valley Fire engine was unavailable at the time and another engine had to be dispatched from Leicester. The crew got lost on the way because they put the wrong address in the sat-nav (satellite navigation) device.

Advise Mark in respect of any claims he may have (if any).

Grade A, University of London
LLB, 2nd year, Tort Law

Answer: In this question, we are asked to advise Mark as to the possible claims he might have. On the facts, the defendants are Justin and Jason, Chigley Services and the Fire Brigade....


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Details: - Mark: 70% | Course: Tort Law | Year: 2nd/3rd | Words: 3343 | References: Yes | Date written: March, 2014 | Date submitted: April 23, 2014 | Coursework ID: 864

Question: What has been the influence, if any, of the Human Rights Act 1998 on the development of English tort law?

Answer: The Human Rights Act 1998 (HRA) gave further legal effect in the UK to the fundamental rights and freedoms contained in the European Convention on Human Rights. It has since proved hugely...


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Details: - Mark: 70% | Course: Tort Law | Year: 2nd/3rd | Words: 2202 | References: No | Date written: November, 2009 | Date submitted: January 18, 2010 | Coursework ID: 575

Question: It is a general rule of law that damages are awarded to compensate the claimant, rather than to punish the defendant. Are there any situations in which a claimant could make a profit out of the damages awarded to him?

Answer: The principle governing the award of damages in tort, is as nearly as possible to put the claimant in the same position they would have been in if the tort had not...


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Details: - Mark: 70% | Course: Tort Law | Year: 2nd/3rd | Words: 2007 | References: No | Date written: March, 2009 | Date submitted: November 01, 2009 | Coursework ID: 574

Question: To what extent, if any, does an employer’s vicarious liability for the torts of his employees and his liability for breach of statutory duty add anything at all to the liability resulting from the employer’s personal duty of care?

Answer: In general terms, an employer’s personal duty of care refers to the obligation on the part of employer’s to ensure, as far as is reasonably practicable, the safety and welfare of employees...


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Details: - Mark: 70% | Course: Tort Law | Year: 1st | Words: 1604 | References: No | Date written: May, 2009 | Date submitted: January 02, 2010 | Coursework ID: 564

Question: Assess the impact of the Compensation Act 2006 on the tort of negligence.

Answer: The Compensation Act 2006 established several changes to the manner in which damages can be obtained by claimants and how certain aspects of tort law are perceived....


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Details: - Mark: 70% | Course: Tort Law | Year: 2nd/3rd | Words: 1854 | References: No | Date written: October, 2009 | Date submitted: January 02, 2010 | Coursework ID: 562

Question: ‘The House of Lords has stated in the clearest possible terms in White v Chief Constable of South Yorkshire Police (1999) that the law on nervous shock or psychiatric damage is so illogical that only Parliament can come up with a solution.’

Discuss the above statement.

Answer: The law on nervous shock, or ‘psychiatric damage’ as it is sometimes now called, has developed considerably since the original refusal to impose liability in Victorian Railway Commissioners v Coalthas (1888). It...


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Details: - Mark: 70% | Course: Tort Law | Year: 2nd/3rd | Words: 3005 | References: No | Date written: March, 2009 | Date submitted: June 27, 2009 | Coursework ID: 561

Question: Assess the degree to which tort law is able to offer protection for a person’s right to privacy.

Answer: Strictly speaking, privacy is not explicitly recognised as a tort in its own right as shown in the very different cases of Wainwright v Home Office (2004) and Kaye v Rahertsan (1991),...


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Details: - Mark: 69% | Course: Tort Law | Year: 2nd/3rd | Words: 1993 | References: No | Date written: March, 2009 | Date submitted: October 22, 2009 | Coursework ID: 570

Question: ‘The difficulties of proceeding with an action in private nuisance are grave,
but the prospects of potential claimants have increased with the coming into force of the Human Rights Act 1998.’

Discuss.

Answer: The law on private nuisance, frequently presents a number of uncertainties with respect to its application in any given scenario....


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Details: - Mark: 69% | Course: Tort Law | Year: 2nd/3rd | Words: 3009 | References: No | Date written: February, 2009 | Date submitted: April 15, 2009 | Coursework ID: 568

Question: THE LAW OF TORTS - It is often claimed that the fear of malpractice litigation leads to defensive medicine. Although this is a common complaint, it is not quite clear what defensive medicine actually is. Fear of litigation can lead to some good practices: better record keeping, politeness in dealing with patients, clearer communication, and double checking. On the other hand there is concern that doctors are over-cautious. - What do you think? Answer the question referring to the development of tort law in the area of medical negligence.

Answer: In Tort law a patient may be entitled to redress if they have been injured by a Health Care professional as a result of medical negligence. To successfully prove a case the...


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Details: - Mark: 68% | Course: Tort Law | Year: 2nd/3rd | Words: 2001 | References: Yes | Date written: January, 2009 | Date submitted: February 19, 2010 | Coursework ID: 593

Question: ‘If a person intentionally interferes with another’s business, that will constitute a tort, but not if such intent is missing.’

Critically assess the accuracy of the above statement.

Answer: This essay critically analyses the accuracy of the statement, ‘If a person intentionally interferes with another’s business, that will constitute a tort, but not if such intent is missing.’ In so doing...


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Details: - Mark: 68% | Course: Tort Law | Year: 2nd/3rd | Words: 1967 | References: No | Date written: March, 2009 | Date submitted: May 18, 2009 | Coursework ID: 571


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